April 2025

What’s Hot…. Rhode Island Legislation: Hobby Breeders, Sales Tax, and Emotion-based Damages

Kelly Crouch, CFA Legislative Information Liaison

A proposed amendment to Rhode Island statutes regulating cat and dog breeders would increase the number of breeders subject to state licensing while eliminating the dog-only exemption. Senate Bill 325 amends the existing definition of hobby breeder but reduces the number of litters a breeder can sell and avoid classification as a breeder subject to licensing. Legislation on sales taxes and emotion-based damages that could impact fanciers was also introduced this year.

Currently, two statutes address cat breeding. Title 4, Animals and Animal Husbandry, Chapter 24, Permit Program for Cats mandates local issuance and enforcement of breeding permits ONLY for cat breeders unless a local jurisdiction prohibits cat breeding. Enacted in 2006, the statute contains several recognizable requirements, including inspections, standards of care, and immunization. In 2017, a bill establishing comprehensive breeding licensing for cat and dog breeders was enacted, defining breeder and hobby breeder.  Under Rhode Island General Laws §4-19-2 (10), a breeder means:

“a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.”

 A hobby breeder is defined as:

“those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed the limits set forth in § 4-25-1(4). Any person who sells at retail a number  in excess of the limits in the aforementioned section shall be considered a breeder.”

The issue arises with the quantitative exemption contained in §4-25-1(4) in which the definition of seller refers solely to dogs. However, both dogs and cats are included in the definition of breeder. Senate Bill 325, if enacted, would amend the definition of hobby breeder to the following:

“those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed the sale or offering for sale of greater than two (2) litters of dogs or cats, or combination of dogs or cats, in any three hundred and sixty-five (365) day period. Any person who exceeds these limits will be defined as a breeder.”

This would eliminate the §4-25-1(4) dog exemption for persons selling fewer than 20 dogs or three litters, whichever is greater, for the breeder licensing law. Instead, it would impose a two-litter restriction on hobby breeders to avoid being categorized as breeders. Senate Bill 325 has been referred to the Senate Environment and Agriculture Committee.

Another proposed bill, Senate Bill 340, could also have a significant impact on Rhode Island breeders. If enacted, it would add the purchase of animals from a breeder to the many things subject to sales tax. This bill has been referred to the Senate Finance Committee.

In other Rhode Island news, House Bill 5926, which would add authority for emotion-based damages to animal cruelty laws if enacted, has been referred for study. While that often means the end of a bill, the Speaker of the House can bring it back for consideration. It should be noted that the speaker is also the bill sponsor. Emotion-based, or noneconomic, damages increase the cost of pet care for all while benefitting the rare few pet owners.

You are the eyes and ears of the cat fancy!Is detrimental legislation happening in your area? Please let us know. Contact the CFA Legislative Group at legislation@cfa.org

CFALegislativeNews: https://www.facebook.com/CFALegislativeNews

CFA Legislative Group Blog:  https://legislative.cfa.org/

What’s Hot…. Oregon Legislation Targets Breeders for Licensing and Increases Fees for Shelters and Rescues

April 4, 2025

Kelly Crouch, CFA Legislative Information Liaison

Oregon breeders of cats, dogs, birds, and small mammals are targeted in proposed legislation for state licensing. Senate Bill 1076 Sections 3 and 4 direct the Oregon Department of Agriculture (“ODA”) to establish a licensing program for breeders of all these species, with enforcement to begin on January 1, 2028, if enacted. The ODA must consider breeder size, regulatory costs, and staff funding needs when developing the licensing program requirements, inspections, standards of care, and licensing fees, which will be adjusted for inflation as necessary. Violators are subject to a maximum of six months imprisonment, a $2500 fine, or both. In addition to these penalties, a court may require a defendant convicted of violating any rules enacted under Section 3 to forfeit any rights in animals that are kept in violation of Section 3 and repay the reasonable costs of caring for such animals before judgment. Dog breeders would still be subject to Oregon Revised Statutes 167.374 and 167.376 requirements. In addition, licensing fees for Animal Rescue Entities (“ARE”) would be increased to $350 – $600, depending on the ARE’s classification. Furthermore, the bill has been classified as an emergency measure so that it would go into effect immediately rather than the customary 91st day after the legislative session.

The Natural Resources and Wildfire Committee heard testimony in opposition and support at the public hearing held on March 18, 2025. Not surprisingly, most of the testimony from AREs opposed the license fee increase and supported licensing all breeders, whom they blame for shelter overcrowding issues. Yet the vast majority of dogs and cats in shelters are random-bred animals, not purpose-bred animals. Pedigreed cats represent only 3-5% of the cat population. It is incredulous to claim pedigreed cat breeders are responsible for the homeless cat population. Purebred dogs also make up a minority of the dog population. Considering that most owned animals are sterilized, responsible owners and breeders are not contributing significantly to the homeless animal population. Shelter animals are generally the victims of home retention failures. Oregon breeders are not to blame for overcrowding caused by the common ARE practice of importing animals from other states and even other countries – a fact proponents like to ignore. Homelessness for animals is a community problem and should be addressed that way.

A solution that addresses the real causes of shelter overcrowding must consider multiple factors, including ARE imports, reductions in or failure of governments to provide sufficient shelter space, economic factors driving pet relinquishment and adoption trends, and other pet retention issues. The lack of sought-after animals in the local area often drives shelter animal imports. It is as much a marketing decision as one driven by altruism. Oregon breeders do not cause this. Neither do breeders drive government decisions that significantly limit available shelter spots for homeless animals. Pet retention issues that are driven by the economy, pet aggressiveness, lack of animal care resources for low-income areas, and many other reasons are rarely under the control of Oregon breeders. The fact that a minority of homeless cats and dogs are random-bred is evidence that trying to use SB 1076 as a solution to shelter overcrowding is like trying to play darts blindfolded and facing away from the dart board.

Oregon already has strict animal welfare laws. In 2024, the Animal Legal Defense Fund again ranked Oregon first in the country for having strong animal welfare laws. Does the state want to create expensive-to-enforce programs that will not solve the issue and only burden responsible breeders? Irresponsible breeders and pet owners will not comply and will likely only be found out from complaints. Meanwhile, the type of breeders that supply quality pets to Oregon residents, contribute to breed rescue efforts, and boost the economy through tourism dollars from shows, and who support many businesses through the care of their animals, are the very people burdened with an issue that affects animal owners and nonowners alike.  Residents deserve a real solution; they do not need scapegoats.

The Natural Resources and Wildfire Committee is expected to hold a work session on April 3, 2025. The bill may be included in that work session. Fanciers wanting to oppose SB 1076 can contact the committee members. Contact information can be found here: https://olis.oregonlegislature.gov/liz/2025R1/Committees/SNRW/Overview

You are the eyes and ears of the cat fancy!Is detrimental legislation happening in your area? Please let us know. Contact the CFA Legislative Group at legislation@cfa.org

CFALegislativeNews: https://www.facebook.com/CFALegislativeNews
CFA Legislative Group Blog: https://legislative.cfa.org/

UPDATE 5/2025: In the April 8, 2025, work session, the Senate Committee on Natural Resources and Wildfire adopted the amended bill, SB 1076-1, in a 3- 2 vote. The amendments include changes to definitions and requirements in both the breeder licensing and animal welfare entities sections. For cat and dog fanciers, there is an important, if minuscule, carve-out for breeders to avoid licensing. The amendment requires licensing of cat and dog breeders who “during a 12-month period, sells or transfers or offers for sale or transfer more than two litters”. It also authorizes the department to define the number of birds or small mammals sold during a 12-month period necessary for licensing. The A-engrossed (fair final copy of the first amended version of the bill) SB 1076 has been assigned to the Joint Ways and Means Committee. Per the Legislative Fiscal Office report, “Fiscal Impact of Proposed Legislation”, the Joint Committee on Ways and Means will prepare a more complete fiscal analysis.

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